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DETERMINATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of January 18, 2005 No. 7-O

At the request of the Supreme Court of the Russian Federation about check of constitutionality of article 7 of the Federal Law "About additional guarantees of social protection of judges and workers of offices of courts of the Russian Federation

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, judges M. V. Baglaya, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, A. L. Kononov, L. O. Krasavchikova, Yu. D. Rudkin, N. V. Seleznyov, V. G. Strekozov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev,

having heard the conclusion of the judge O. S. Hokhryakova who was carrying out preliminary studying of request of the Supreme Court of the Russian Federation based on article 41 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation" in plenary meeting established:

1. In the inquiry of the Supreme Court of the Russian Federation sent to the Constitutional Court of the Russian Federation Article 125 (part 4) Constitutions of the Russian Federation in connection with consideration of the case of the citizen V. I. Mukhina, the question of check of constitutionality of article 7 of the Federal Law of January 10, 1996 "Of additional guarantees of social protection of judges and workers of offices of courts of the Russian Federation" (with subsequent changes and amendments) according to which length of service as the judge of the Russian Federation in case of calculation of the years of service granting the right to resignation and receipt of all payment types and privileges joins operating time in courts and judicial authorities on positions which substitution requires the higher legal education, and also as the prosecutor, the investigator, the lawyer is raised if length of service in judgeship constitutes at least five years, except as specified early termination of powers of the judge on the bases provided by subitems 2 and 9 of Item 1 of article 14 of the Law of the Russian Federation "About the status of judges in the Russian Federation" (part one); operation of this article extends to the judges of the Russian Federation who retired or to pension before adoption of this Federal Law (part two).

As appears from request and the provided materials, V. I. Mukhin was dismissed from judgeship of the Supreme Court of the Russian Federation in July, 1991 based on article 31 Labour Code of RSFSR (at own will) at the age of 51 year and afterwards worked as the legal adviser, the CEO of law firm, and since February, 1999 is lawyer. By the time of dismissal from judgeship the years of service of its work as the judge constituted 19 years and 6 months.

In April, 2000 V. I. Mukhin addressed to the commission of the Supreme Court of the Russian Federation to destination to judges of the monthly perpetual maintenance with the statement for payment of such content to it according to the Law of the Russian Federation "About the status of judges in the Russian Federation". Refusing allowance of the application, the commission of the Supreme Court of the Russian Federation in the decision of June 1, 2000 referred to article 7 of the Federal law "About Additional Guarantees of Social Protection of Judges and Workers of Offices of Courts of the Russian Federation" and specified that provisions of this Article according to which the years of service granting the right to resignation and receipt of all payment types and privileges, including the monthly perpetual maintenance are determined extend to the judges who retired or to pension; V. I. Mukhin does not treat those as in resignation or from judgeship did not retire, and was dismissed at own will even before adoption of law of the Russian Federation "About the status of judges in the Russian Federation" and by the time of dismissal did not reach retirement age.

Basmanny district court of the city of Moscow where V. I. Mukhin addressed with the claim in which he asked to cancel the decision of the commission of the Supreme Court of the Russian Federation as illegal and to oblige her to draw up to it the monthly perpetual maintenance, the decision of April 20, 2001 refused grievance settlement for the same motives. The subsequent degrees of jurisdiction agreed with conclusions of Trial Court. According to the supervising claim of V. I. Mukhin the case is submitted to Presidium of the Supreme Court of the Russian Federation for consideration on the merits.

The Supreme Court of the Russian Federation in the request in the Constitutional Court of the Russian Federation asks to check compliance of article 7 of the Federal law "About Additional Guarantees of Social Protection of Judges and Workers of Offices of Courts of the Russian Federation" to requirements of Articles 19 (parts 1 and 2) and 39 (part 1) of the Constitution of the Russian Federation and brings the following arguments into reasons for the line item.

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